How can I get continued financial support if we are separated and filing for divorce?

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How can I get continued financial support if we are separated and filing for divorce?

My husband and I recently separated after 15 years of marriage. I have been on disability for 9 years due to breast cancer. He was helping out with half of all of our finances, mainly rent, utilities. He also has a full-time job. We have decided to finally go our separate ways permanently. We have been separated on and off for the past 10 years, mainly due to my disability – stage 4 breast

cancer. My husband was the primary breadwinner as he has a full-time job and was paying the majority of all of our bills. He is no longer willing 2 be in a marriage with someone this sick. Now, he feels that he doesn’t have to pay anything as we no longer will be living together. Is there any way to get

support from him. I am on SSDI but that doesn’t nearly cover even a third of the bills we had together including rent, groceries, utilities, miscellaneous bills.

Asked on July 25, 2018 under Family Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In a divorce, a spouse who was the primary breadwinner and who provided most of the support for the couple or family will almost always be ordered to pay spousal support ("alimony") to the spouse who was supported and/or has lesser earning potential. Based on what you write, you should receive support. In addition, you will receive a share or portion of all marital assets (money, assets, and property accumulated during marriage).
When you file for the divorce, you can also file a motion on an "emergent" (think "urgent" or "emergency") basis to have him pay you some amount of support and/or pay certain bills for you during the divorce (while the divorce case is going on) to maintain the "status quo" (that is, to maintain, more or less, your current lifestyle). This kind of motion can be complex to file; you will want a family or divorce law attorney to help you. More generally, you will want an attorney's help to make sure you get everything to which you are entitled--you should consult with a lawyer right away about protecting your rights and interests.


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